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Austria's Constitution of 1920, Reinstated in 1945, with Amendments Through 2009

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PDF generated: 26 Aug 2021, 16:54 constituteproject.org Austria's Constitution of 1920, Reinstated in 1945, with Amendments through 2009 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:54 Table of contents Chapter I: General Provisions. European Union . 3 Section A: General Provisions . 3 Section B: European Union . 23 Chapter II: Federal Legislation . 26 Section A: The National Council . 26 Section B: The Federal Council . 29 Section C: The Bundesversammlung. 31 Section D: Federal Legislative Procedure . 31 Section E: Participation of the National Council and of the Federal Council in the Execution by the Federation . 35 Section F: Status of Members of the National Council and the Federal Council . 40 Chapter III: Federal Execution . 43 Section A: Administration . 43 1. The Federal President . 43 2. The Federal Government . 46 3. The Federal Security Authorities . 49 4. The Federal Army . 50 5. The Federal School Authorities . 51 6. Universities . 53 Section B: Jurisdiction . 53 Chapter IV: Legislation and Execution by the Laender . 56 Section A: General Provisions . 56 Section B: The Federal Capital Vienna . 61 Chapter V: Self administration . 62 Section A: municipalities . 62 Section B: Other self administration . 68 Chapter VI: Control of Public Accounts and Administration of Public Funds . 68 Chapter VII: Constitutional and Administrative Guarantees . 74 Section A: Independent Administrative Tribunals in the Laender . 74 Section B: Asylum Court . 75 Section C: The Administrative Court . 76 Section D: The Constitutional Court . 79 Chapter VIII: Ombudsman board . 87 Chapter IX: Final Provisions . 89 Austria 1920 (reinst. 1945, rev. 2009) Page 2 constituteproject.org PDF generated: 26 Aug 2021, 16:54 Chapter I: General Provisions. European Union Section A: General Provisions • Type of government envisioned Art 1 Austria is a democratic republic. Its law emanates from the people. Art 2 1. Austria is a federal state. • Subsidiary unit government 2. The Federal State is composed of the autonomous Laender of Burgenland, Carinthia, Lower Austria, Upper Austria, Salzburg, Styria, Tirol, Vorarlberg and Vienna. 3. Changes in the composition of the Laender or a restriction of the involvement of the Laender provided for in this para and in Art 3 also require constitutional regulations of the Laender. Art 3 1. The Federal territory comprises the territories of the Federal Laender. 2. State treaties changing the Federal boundaries may only be concluded with the approval of the Laender affected. 3. Modifications of boundaries within the Federal territory require concurrent laws of the Federation and the Laender affected. Ratifications of boundaries within the Federal territory only require concurrent laws of the Laender affected. 4. Resolutions of the National Council on modifications of boundaries according to para 2 and 3, to the extent they do not concern retification of boundaries, require at least the votes of half of the members and the majority of two thirds of the votes cast. Art 4 1. The Federal territory is a uniform currency, economic and customs area. 2. Intermediate customs barriers or other traffic restrictions may not be established within Federal territory. Art 5 • National capital 1. The Federal capital and seat of the highest Federal authorities is Vienna. 2. For the duration of extraordinary circumstances the Federal President can, at the request of the Federal Government, relocate the seat of the highest Federal authorities to another location in the Federal territory. Art 6 1. For the Republic of Austria there prevails a uniform nationality. Austria 1920 (reinst. 1945, rev. 2009) Page 3 constituteproject.org PDF generated: 26 Aug 2021, 16:54 2. Nationals are citizens of the Land where they have their principal domicile; Land laws can however stipulate that also nationals who have a domicile, but not their principal domicile, in the Land are citizens of that Land. 3. A person's principal domicile is established in the place where he has settled with the intention, provable or emerging from the circumstances, of setting up there the centre of his relations of life. If this requirement is, on the basis of an overall consideration of a person's professional, economic and social relations of life, met by more than one domicile, this person has to designate as his principal domicile the one which he has the closest relationship to. • General guarantee of equality Art 7 • Equality regardless of gender • Equality regardless of social status 1. All nationals are equal before the law. Privileges based upon birth, sex, estate, • Equality regardless of religion class or religion are excluded. No one shall be discriminated against because of • Equality for persons with disabilities • Mentions of social class his disability. The Republic (Federation, Laender and municipalities) commits itself to ensuring the equal treatment of disabled and non-disabled persons in all spheres of every-day life. • Equality regardless of gender 2. The Federation, Laender and municipalities subscribe to the de-facto equality of men and women. Measures to promote factual equality of women and men, particularly by eliminating actually existing inequalities, are admissible. • Equality regardless of gender 3. Official designations can be applied in such a way as to indicate the sex of the officer holder. The same holds good for titles, academic degrees and descriptions of occupations. 4. Public employees, including members of the Federal Army, are guaranteed the unrestricted exercise of their political rights. Art 8 • Official or national languages 1. German is the official language of the Republic without prejudice to the rights provided by Federal law for linguistic minorities. • Right to culture • Integration of ethnic communities 2. The Republic (Federation, Laender and municipalities) subscribe to its linguistic • Protection of language use and cultural multiplicity having grown, expressed in the autochthonous ethnic groups. Language and culture, existence and preservation of these ethnic groups are to be respected, safeguarded and to be supported. 3. The Austrian sign language is recognized as independent language. Details are regulated by the laws. Art 8a • National flag 1. The colours of the Republic of Austria are red-white-red. The flag consists of three identically broad horizontal stripes of which the intermediate is white, the upper and the lower are red. 2. The coat of arms of the Republic of Austria (the Federal coat of arms) consists of an unfettered, single-headed, black, gilt-armed and red-tongued eagle on whose breast is imposed a red shield intersected by a silver crosspiece. On its head the eagle bears a mural crown with three visible merlons. A sundered iron chain rings both talons. The right holds a golden sickle with inward turned blade, the left a golden hammer. 3. Detailed provisions, in particular as to safeguard of the colours, the coat of arms, and the seal of the Republic, are settled by Federal law. Art 9 • Customary international law • International law 1. The generally recognized rules of international law are regarded as integral parts of Federal law. Austria 1920 (reinst. 1945, rev. 2009) Page 4 constituteproject.org PDF generated: 26 Aug 2021, 16:54 2. By Law or state treaty having been approved according to Art. 50 para I may transferred specific Federal competences to other states or intergovernmental organizations. The same way the activity of agents of foreign states or intergovernmental organizations inside Austria and the activity of Austrian agents abroad may be regulated as well as the transfer of single Federal competences of other states or intergovernmental organizations to Austrian agents be provided for. Within this frame it may be provided for that Austrian agents shall be subject to the authority of agents of other states or intergovernmental organizations or such be subject to the authority of Austrian agents. Art 9a 1. Austria subscribes to comprehensive national defence. Its task is to preserve the Federal territory's outside independence as well as its inviolability and its unity, especially as regards the maintenance and defence of permanent neutrality. In this connection, too, the constitutional establishments and their capacity to function as well as the democratic freedoms of residents are to be safeguarded and defended against acts of armed attack from outside. 2. Universal national defence comprises military, intellectual, civil and economic national defence. • Duty to serve in the military • Right to conscientious objection 3. Every male national is liable to military service. Female nationals may render voluntary service in the Federal Army as soldiers and have the right to terminate such service. 4. Conscientious objectors who refuse the fulfilment of compulsory military service and are exonerated therefrom must perform an alternative service (civilian service) • National vs subnational laws Art 10 • Subsidiary unit government 1. The Federation has powers of legislation and execution in the following matters: 1. the Federal Constitution, in particular elections to the National Council, and referenda as provided by the Federal Constitution; the Constitutional Court; 2. external affairs including political and economic representation with regard to other countries, in particular the conclusion of international
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